ACT No. XIX of 2014 AN ACT to enable Malta to ratify the Council of Europe Convention on prevention and combating of violence against women and domestic violence.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

17th June, 2014

ACT No. XIX of 2014

AN ACT to enable Malta to ratify the Council of Europe

Convention on prevention and combating of violence against women

and domestic violence.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Council of Europe Short title.

Convention on Prevention and Combating of Violence against

Women and Domestic Violence (Ratification) Act, 2014.

(Article 6)

Council of Europe Convention on preventing and combating violence against

women and domestic violence

Istanbul, 11.V.2011

Preamble

The member States of the Council of Europe and the other signatories hereto,

Recalling the Convention for the Protection of Human Rights and

Fundamental Freedoms (ETS No. 5, 1950) and its Protocols, the European Social

Charter (ETS No. 35, 1961, revised in 1996, ETS No. 163), the Council of Europe

Convention on Action against Trafficking in Human Beings (CETS No. 197, 2005)

and the Council of Europe Convention on the Protection of Children against

Sexual Exploitation and Sexual Abuse (CETS No. 201, 2007);

Recalling the following recommendations of the Committee of Ministers to

member States of the Council of Europe: Recommendation Rec(2002)5 on the

protection of women against violence, Recommendation CM/Rec(2007)17 on

gender equality standards and mechanisms, Recommendation CM/Rec(2010)10 on

the role of women and men in conflict prevention and resolution and in peace

building, and other relevant recommendations;

Taking account of the growing body of case law of the European Court of

Human Rights which sets important standards in the field of violence against

women;

Having regard to the International Covenant on Civil and Political Rights

(1966), the International Covenant on Economic, Social and Cultural Rights

(1966), the United Nations Convention on the Elimination of All Forms of

Discrimination Against Women ("CEDAW", 1979) and its Optional Protocol

(1999) as well as General Recommendation No. 19 of the CEDAW Committee on

violence against women, the United Nations Convention on the Rights of the Child

(1989) and its Optional Protocols (2000) and the United Nations Convention on

the Rights of Persons with Disabilities (2006);

Having regard to the Rome Statute of the International Criminal Court

(2002);

Recalling the basic principles of international humanitarian law, and

especially the Geneva Convention (IV) relative to the Protection of Civilian

Persons in Time of War (1949) and the Additional Protocols I and II (1977)

thereto;

Condemning all forms of violence against women and domestic violence;

Recognising that the realisation of de jure and de facto equality between

women and men is a key element in the prevention of violence against women;

Recognising that violence against women is a manifestation of historically

unequal power relations between women and men, which have led to domination

over, and discrimination against, women by men and to the prevention of the full

advancement of women;

Recognising the structural nature of violence against women as gender-based

violence, and that violence against women is one of the crucial social mechanisms

by which women are forced into a subordinate position compared with men;

Recognising, with grave concern, that women and girls are often exposed to

serious forms of violence such as domestic violence, sexual harassment, rape,

forced marriage, crimes committed in the name of so-called "honour" and genital

mutilation, which constitute a serious violation of the human rights of women and

girls and a major obstacle to the achievement of equality between women and men;

Recognising the ongoing human rights violations during armed conflicts that

affect the civilian population, especially women in the form of widespread or

systematic rape and sexual violence and the potential for increased gender-based

violence both during and after conflicts;

Recognising that women and girls are exposed to a higher risk of gender-

based violence than men;

Recognising that domestic violence affects women disproportionately, and

that men may also be victims of domestic violence;

Recognising that children are victims of domestic violence, including as

witnesses of violence in the family;

Aspiring to create a Europe free from violence against women and domestic

violence,

Have agreed as follows

Chapter I - Purposes, definitions, equality and non-discrimination, general

obligations

Article 1 - Purposes of the Convention

The purposes of this Convention are to

a

protect women against all forms of violence, and prevent,

prosecute and eliminate violence against women and domestic violence;

b

contribute to the elimination of all forms of discrimination

against women and promote substantive equality between women and men,

including by empowering women;

c

design a comprehensive framework, policies and measures for

the protection of and assistance to all victims of violence against women and

domestic violence;

d

promote international co-operation with a view to eliminating

violence against women and domestic violence;

e

provide support and assistance to organisations and law

enforcement agencies to effectively co-operate in order to adopt an integrated

approach to eliminating violence against women and domestic violence.

In order to ensure effective implementation of its provisions by the

Parties, this Convention establishes a specific monitoring mechanism.

Article 2 - Scope of the Convention

This Convention shall apply to all forms of violence against women,

including domestic violence, which affects women disproportionately.

Parties are encouraged to apply this Convention to all victims of

domestic violence. Parties shall pay particular attention to women victims of

gender-based violence in implementing the provisions of this Convention.

This Convention shall apply in times of peace and in situations of armed

conflict.

Article 3 - Definitions

For the purpose of this Convention

a

"violence against women" is understood as a violation of human

rights and a form of discrimination against women and shall mean all acts of

gender-based violence that result in, or are likely to result in, physical,

sexual, psychological or economic harm or suffering to women, including

threats of such acts, coercion or arbitrary deprivation of liberty, whether

occurring in public or in private life;

b

"domestic violence" shall mean all acts of physical, sexual,

psychological or economic violence that occur within the family or domestic

unit or between former or current spouses or partners, whether or not the

perpetrator shares or has shared the same residence with the victim;

c

"gender" shall mean the socially constructed roles, behaviours,

activities and attributes that a given society considers appropriate for women

and men;

d

"gender-based violence against women" shall mean violence that

is directed against a woman because she is a woman or that affects women

disproportionately;

e

"victim" shall mean any natural person who is subject to the

conduct specified in points a and b;

f

"women" includes girls under the age of 18.

Article 4 - Fundamental rights, equality and non-discrimination

Parties shall take the necessary legislative and other measures to

promote and protect the right for everyone, particularly women, to live free from

violence in both the public and the private sphere.

Parties condemn all forms of discrimination against women and take,

without delay, the necessary legislative and other measures to prevent it, in

particular by

-

embodying in their national constitutions or other appropriate

legislation the principle of equality between women and men and ensuring

the practical realisation of this principle;

-

prohibiting discrimination against women, including through the

use of sanctions, where appropriate;

-

abolishing laws and practices which discriminate against women.

The implementation of the provisions of this Convention by the Parties,

in particular measures to protect the rights of victims, shall be secured without

discrimination on any ground such as sex, gender, race, colour, language, religion,

political or other opinion, national or social origin, association with a national

minority, property, birth, sexual orientation, gender identity, age, state of health,

disability, marital status, migrant or refugee status, or other status.

Special measures that are necessary to prevent and protect women from

gender-based violence shall not be considered discrimination under the terms of

this Convention.

Article 5 - State obligations and due diligence

Parties shall refrain from engaging in any act of violence against women

and ensure that State authorities, officials, agents, institutions and other actors

acting on behalf of the State act in conformity with this obligation.

Parties shall take the necessary legislative and other measures to

exercise due diligence to prevent, investigate, punish and provide reparation for

acts of violence covered by the scope of this Convention that are perpetrated by

non-State actors.

Article 6 - Gender-sensitive policies

Parties shall undertake to include a gender perspective in the implementation

and evaluation of the impact of the provisions of this Convention and to promote

and effectively implement policies of equality between women and men and the

empowerment of women.

Chapter II - Integrated policies and data collection

Article 7 - Comprehensive and co-ordinated policies

Parties shall take the necessary legislative and other measures to adopt

and implement State-wide effective, comprehensive and co-ordinated policies

encompassing all relevant measures to prevent and combat all forms of violence

covered by the scope of this Convention and offer a holistic response to violence

against women.

Parties shall ensure that policies referred to in paragraph 1 place the

rights of the victim at the centre of all measures and are implemented by way of

effective co-operation among all relevant agencies, institutions and organisations.

Measures taken pursuant to this article shall involve, where appropriate,

all relevant actors, such as government agencies, the national, regional and local

parliaments and authorities, national human rights institutions and civil society

organisations.

Article 8 - Financial resources

Parties shall allocate appropriate financial and human resources for the

adequate implementation of integrated policies, measures and programmes to

prevent and combat all forms of violence covered by the scope of this Convention,

including those carried out by non-governmental organisations and civil society.

Article 9 - Non-governmental organisations and civil society

Parties shall recognise, encourage and support, at all levels, the work of

relevant non-governmental organisations and of civil society active in combating

violence against women and establish effective co-operation with these

organisations.

Article 10 - Co-ordinating body

Parties shall designate or establish one or more official bodies

responsible for the co-ordination, implementation, monitoring and evaluation of

policies and measures to prevent and combat all forms of violence covered by this

Convention. These bodies shall co-ordinate the collection of data as referred to in

Article 11, analyse and disseminate its results.

Parties shall ensure that the bodies designated or established pursuant to

this article receive information of a general nature on measures taken pursuant to

Chapter VIII.

Parties shall ensure that the bodies designated or established pursuant to

this article shall have the capacity to communicate directly and foster relations

with their counterparts in other Parties.

Article 11 - Data collection and research

For the purpose of the implementation of this Convention, Parties shall

undertake to

a

collect disaggregated relevant statistical data at regular intervals

on cases of all forms of violence covered by the scope of this Convention;

b

support research in the field of all forms of violence covered by

the scope of this Convention in order to study its root causes and effects,

incidences and conviction rates, as well as the efficacy of measures taken to

implement this Convention.

Parties shall endeavour to conduct population-based surveys at regular

intervals to assess the prevalence of and trends in all forms of violence covered by

the scope of this Convention.

Parties shall provide the group of experts, as referred to in Article 66 of

this Convention, with the information collected pursuant to this article in order to

stimulate international co-operation and enable international benchmarking.

Parties shall ensure that the information collected pursuant to this article

is available to the public.

Chapter III - Prevention

Article 12 - General obligations

Parties shall take the necessary measures to promote changes in the

social and cultural patterns of behaviour of women and men with a view to

eradicating prejudices, customs, traditions and all other practices which are based

on the idea of the inferiority of women or on stereotyped roles for women and

men.

Parties shall take the necessary legislative and other measures to

prevent all forms of violence covered by the scope of this Convention by any

natural or legal person.

Any measures taken pursuant to this chapter shall take into account and

address the specific needs of persons made vulnerable by particular circumstances

and shall place the human rights of all victims at their centre.

Parties shall take the necessary measures to encourage all members of

society, especially men and boys, to contribute actively to preventing all forms of

violence covered by the scope of this Convention.

Parties shall ensure that culture, custom, religion, tradition or so-called

"honour" shall not be considered as justification for any acts of violence covered

by the scope of this Convention.

Parties shall take the necessary measures to promote programmes and

activities for the empowerment of women.

Article 13 - Awareness-raising

Parties shall promote or conduct, on a regular basis and at all levels,

awareness-raising campaigns or programmes, including in co-operation with

national human rights institutions and equality bodies, civil society and non-

governmental organisations, especially women’s organisations, where appropriate,

to increase awareness and understanding among the general public of the different

manifestations of all forms of violence covered by the scope of this Convention,

their consequences on children and the need to prevent such violence.

Parties shall ensure the wide dissemination among the general public of

information on measures available to prevent acts of violence covered by the scope

of this Convention.

Article 14 - Education

Parties shall take, where appropriate, the necessary steps to include

teaching material on issues such as equality between women and men, non-

stereotyped gender roles, mutual respect, non-violent conflict resolution in

interpersonal relationships, gender-based violence against women and the right to

personal integrity, adapted to the evolving capacity of learners, in formal curricula

and at all levels of education.

Parties shall take the necessary steps to promote the principles referred

to in paragraph 1 in informal educational facilities, as well as in sports, cultural

and leisure facilities and the media.

Article 15 - Training of professionals

Parties shall provide or strengthen appropriate training for the relevant

professionals dealing with victims or perpetrators of all acts of violence covered

by the scope of this Convention, on the prevention and detection of such violence,

equality between women and men, the needs and rights of victims, as well as on

how to prevent secondary victimisation.

Parties shall encourage that the training referred to in paragraph 1

includes training on co-ordinated multi-agency co-operation to allow for a

comprehensive and appropriate handling of referrals in cases of violence covered

by the scope of this Convention.

Article 16 - Preventive intervention and treatment programmes

Parties shall take the necessary legislative or other measures to set up or

support programmes aimed at teaching perpetrators of domestic violence to adopt

non-violent behaviour in interpersonal relationships with a view to preventing

further violence and changing violent behavioural patterns.

Parties shall take the necessary legislative or other measures to set up or

support treatment programmes aimed at preventing perpetrators, in particular sex

offenders, from re-offending.

In taking the measures referred to in paragraphs 1 and 2, Parties shall

ensure that the safety of, support for and the human rights of victims are of primary

concern and that, where appropriate, these programmes are set up and

implemented in close co-ordination with specialist support services for victims.

Article 17 - Participation of the private sector and the media

Parties shall encourage the private sector, the information and

communication technology sector and the media, with due respect for freedom of

expression and their independence, to participate in the elaboration and

implementation of policies and to set guidelines and self-regulatory standards to

prevent violence against women and to enhance respect for their dignity.

Parties shall develop and promote, in co-operation with private sector

actors, skills among children, parents and educators on how to deal with the

information and communications environment that provides access to degrading

content of a sexual or violent nature which might be harmful.

Chapter IV - Protection and support

Article 18 - General obligations

Parties shall take the necessary legislative or other measures to protect

all victims from any further acts of violence.

Parties shall take the necessary legislative or other measures, in

accordance with internal law, to ensure that there are appropriate mechanisms to

provide for effective co-operation between all relevant state agencies, including

the judiciary, public prosecutors, law enforcement agencies, local and regional

authorities as well as non-governmental organisations and other relevant

organisations and entities, in protecting and supporting victims and witnesses of all

forms of violence covered by the scope of this Convention, including by referring

to general and specialist support services as detailed in Articles 20 and 22 of this

Convention.

Parties shall ensure that measures taken pursuant to this chapter shall

-

be based on a gendered understanding of violence against women

and domestic violence and shall focus on the human rights and safety of the

victim;

-

be based on an integrated approach which takes into account the

relationship between victims, perpetrators, children and their wider social

environment;

-

aim at avoiding secondary victimisation;

-

aim at the empowerment and economic independence of women

victims of violence;

-

allow, where appropriate, for a range of protection and support

services to be located on the same premises;

-

address the specific needs of vulnerable persons, including child

victims, and be made available to them.

The provision of services shall not depend on the victim’s willingness to

press charges or testify against any perpetrator.

Parties shall take the appropriate measures to provide consular and other

protection and support to their nationals and other victims entitled to such

protection in accordance with their obligations under international law.

Article 19 - Information

Parties shall take the necessary legislative or other measures to ensure that

victims receive adequate and timely information on available support services and

legal measures in a language they understand.

Article 20 - General support services

Parties shall take the necessary legislative or other measures to ensure

that victims have access to services facilitating their recovery from violence. These

measures should include, when necessary, services such as legal and psychological

counselling, financial assistance, housing, education, training and assistance in

finding employment.

Parties shall take the necessary legislative or other measures to ensure

that victims have access to health care and social services and that services are

adequately resourced and professionals are trained to assist victims and refer them

to the appropriate services.

Article 21 - Assistance in individual/collective complaints

Parties shall ensure that victims have information on and access to applicable

regional and international individual/collective complaints mechanisms. Parties

shall promote the provision of sensitive and knowledgeable assistance to victims in

presenting any such complaints.

Article 22 - Specialist support services

Parties shall take the necessary legislative or other measures to provide

or arrange for, in an adequate geographical distribution, immediate, short- and

long-term specialist support services to any victim subjected to any of the acts of

violence covered by the scope of this Convention.

Parties shall provide or arrange for specialist women’s support services

to all women victims of violence and their children.

Article 23 - Shelters

Parties shall take the necessary legislative or other measures to provide for

the setting-up of appropriate, easily accessible shelters in sufficient numbers to

provide safe accommodation for and to reach out pro-actively to victims,

especially women and their children.

Article 24 - Telephone helplines

Parties shall take the necessary legislative or other measures to set up state-

wide round-the-clock (24/7) telephone helplines free of charge to provide advice to

callers, confidentially or with due regard for their anonymity, in relation to all

forms of violence covered by the scope of this Convention.

Article 25 - Support for victims of sexual violence

Parties shall take the necessary legislative or other measures to provide for

the setting up of appropriate, easily accessible rape crisis or sexual violence

referral centres for victims in sufficient numbers to provide for medical and

forensic examination, trauma support and counselling for victims.

Article 26 - Protection and support for child witnesses

Parties shall take the necessary legislative or other measures to ensure

that in the provision of protection and support services to victims, due account is

taken of the rights and needs of child witnesses of all forms of violence covered by

the scope of this Convention.

Measures taken pursuant to this article shall include age-appropriate

psychosocial counselling for child witnesses of all forms of violence covered by

the scope of this Convention and shall give due regard to the best interests of the

child.

Article 27 - Reporting

Parties shall take the necessary measures to encourage any person witness to

the commission of acts of violence covered by the scope of this Convention or who

has reasonable grounds to believe that such an act may be committed, or that

further acts of violence are to be expected, to report this to the competent

organisations or authorities.

Article 28 - Reporting by professionals

Parties shall take the necessary measures to ensure that the confidentiality

rules imposed by internal law on certain professionals do not constitute an obstacle

to the possibility, under appropriate conditions, of their reporting to the competent

organisations or authorities if they have reasonable grounds to believe that a

serious act of violence covered by the scope of this Convention, has been

committed and further serious acts of violence are to be expected.

Chapter V - Substantive law

Article 29 - Civil lawsuits and remedies

Parties shall take the necessary legislative or other measures to provide

victims with adequate civil remedies against the perpetrator.

Parties shall take the necessary legislative or other measures to provide

victims, in accordance with the general principles of international law, with

adequate civil remedies against State authorities that have failed in their duty to

take the necessary preventive or protective measures within the scope of their

powers.

Article 30 - Compensation

Parties shall take the necessary legislative or other measures to ensure

that victims have the right to claim compensation from perpetrators for any of the

offences established in accordance with this Convention.

Adequate State compensation shall be awarded to those who have

sustained serious bodily injury or impairment of health, to the extent that the

damage is not covered by other sources such as the perpetrator, insurance or State-

funded health and social provisions. This does not preclude Parties from claiming

regress for compensation awarded from the perpetrator, as long as due regard is

paid to the victim’s safety.

Measures taken pursuant to paragraph 2 shall ensure the granting of

compensation within a reasonable time.

Article 31 - Custody, visitation rights and safety

Parties shall take the necessary legislative or other measures to ensure

that, in the determination of custody and visitation rights of children, incidents of

violence covered by the scope of this Convention are taken into account.

Parties shall take the necessary legislative or other measures to ensure

that the exercise of any visitation or custody rights does not jeopardise the rights

and safety of the victim or children.

Article 32 - Civil consequences of forced marriages

Parties shall take the necessary legislative or other measures to ensure that

marriages concluded under force may be voidable, annulled or dissolved without

undue financial or administrative burden placed on the victim.

Article 33 - Psychological violence

Parties shall take the necessary legislative or other measures to ensure that

the intentional conduct of seriously impairing a person’s psychological integrity

through coercion or threats is criminalised.

Article 34 - Stalking

Parties shall take the necessary legislative or other measures to ensure that

the intentional conduct of repeatedly engaging in threatening conduct directed at

another person, causing her or him to fear for her or his safety, is criminalised.

Article 35 - Physical violence

Parties shall take the necessary legislative or other measures to ensure that

the intentional conduct of committing acts of physical violence against another

person is criminalised.

Article 36 - Sexual violence, including rape

Parties shall take the necessary legislative or other measures to ensure

that the following intentional conducts are criminalised

a

engaging in non-consensual vaginal, anal or oral penetration of a

sexual nature of the body of another person with any bodily part or object;

b

engaging in other non-consensual acts of a sexual nature with a

causing another person to engage in non-consensual acts of a

sexual nature with a third person.

Consent must be given voluntarily as the result of the person’s free will

assessed in the context of the surrounding circumstances.

Parties shall take the necessary legislative or other measures to ensure

that the provisions of paragraph 1 also apply to acts committed against former or

current spouses or partners as recognised by internal law.

Article 37 - Forced marriage

Parties shall take the necessary legislative or other measures to ensure

that the intentional conduct of forcing an adult or a child to enter into a marriage is

Parties shall take the necessary legislative or other measures to ensure

that the intentional conduct of luring an adult or a child to the territory of a Party or

State other than the one she or he resides in with the purpose of forcing this adult

or child to enter into a marriage is criminalised.

Article 38 - Female genital mutilation

Parties shall take the necessary legislative or other measures to ensure that

the following intentional conducts are criminalised

excising, infibulating or performing any other mutilation to the

whole or any part of a woman’s labia majora, labia minora or clitoris;

coercing or procuring a woman to undergo any of the acts listed

in point a;

inciting, coercing or procuring a girl to undergo any of the acts

listed in point a.

Article 39 - Forced abortion and forced sterilisation

Parties shall take the necessary legislative or other measures to ensure that

the following intentional conducts are criminalised

performing an abortion on a woman without her prior and

informed consent;

performing surgery which has the purpose or effect of

terminating a woman’s capacity to naturally reproduce without her prior and

informed consent or understanding of the procedure.

Article 40 - Sexual harassment

Parties shall take the necessary legislative or other measures to ensure that

any form of unwanted verbal, non-verbal or physical conduct of a sexual nature

with the purpose or effect of violating the dignity of a person, in particular when

creating an intimidating, hostile, degrading, humiliating or offensive environment,

is subject to criminal or other legal sanction.

Article 41 - Aiding or abetting and attempt

Parties shall take the necessary legislative or other measures to establish

as an offence, when committed intentionally, aiding or abetting the commission of

the offences established in accordance with Articles 33, 34, 35, 36, 37, 38.a and 39

of this Convention.

Parties shall take the necessary legislative or other measures to establish

as offences, when committed intentionally, attempts to commit the offences

established in accordance with Articles 35, 36, 37, 38.a and 39 of this Convention.

Article 42 - Unacceptable justifications for crimes, including crimes

committed in the name of so-called "honour"

Parties shall take the necessary legislative or other measures to ensure

that, in criminal proceedings initiated following the commission of any of the acts

of violence covered by the scope of this Convention, culture, custom, religion,

tradition or so-called "honour" shall not be regarded as justification for such acts.

This covers, in particular, claims that the victim has transgressed cultural,

religious, social or traditional norms or customs of appropriate behaviour.

Parties shall take the necessary legislative or other measures to ensure

that incitement by any person of a child to commit any of the acts referred to in

paragraph 1 shall not diminish the criminal liability of that person for the acts

committed.

Article 43 - Application of criminal offences

The offences established in accordance with this Convention shall apply

irrespective of the nature of the relationship between victim and perpetrator.

Article 44 - Jurisdiction

Parties shall take the necessary legislative or other measures to establish

jurisdiction over any offence established in accordance with this Convention, when

the offence is committed

a

in their territory; or

b

on board a ship flying their flag; or

c

on board an aircraft registered under their laws; or

d

by one of their nationals; or

e

by a person who has her or his habitual residence in their

territory.

Parties shall endeavour to take the necessary legislative or other

measures to establish jurisdiction over any offence established in accordance with

this Convention where the offence is committed against one of their nationals or a

person who has her or his habitual residence in their territory.

For the prosecution of the offences established in accordance with

Articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary

legislative or other measures to ensure that their jurisdiction is not subordinated to

the condition that the acts are criminalised in the territory where they were

committed.

For the prosecution of the offences established in accordance with

Articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary

legislative or other measures to ensure that their jurisdiction as regards points d

and e of paragraph 1 is not subordinated to the condition that the prosecution can

only be initiated following the reporting by the victim of the offence or the laying

of information by the State of the place where the offence was committed.

Parties shall take the necessary legislative or other measures to establish

jurisdiction over the offences established in accordance with this Convention, in

cases where an alleged perpetrator is present on their territory and they do not

extradite her or him to another Party, solely on the basis of her or his nationality.

When more than one Party claims jurisdiction over an alleged offence

established in accordance with this Convention, the Parties involved shall, where

appropriate, consult each other with a view to determining the most appropriate

jurisdiction for prosecution.

Without prejudice to the general rules of international law, this

Convention does not exclude any criminal jurisdiction exercised by a Party in

accordance with its internal law.

Article 45 - Sanctions and measures

Parties shall take the necessary legislative or other measures to ensure

that the offences established in accordance with this Convention are punishable by

effective, proportionate and dissuasive sanctions, taking into account their

seriousness. These sanctions shall include, where appropriate, sentences involving

the deprivation of liberty which can give rise to extradition.

Parties may adopt other measures in relation to perpetrators, such as

monitoring or supervision of convicted persons;

withdrawal of parental rights, if the best interests of the child,

which may include the safety of the victim, cannot be guaranteed in any other

Article 46 - Aggravating circumstances

Parties shall take the necessary legislative or other measures to ensure that

the following circumstances, insofar as they do not already form part of the

constituent elements of the offence, may, in conformity with the relevant

provisions of internal law, be taken into consideration as aggravating

circumstances in the determination of the sentence in relation to the offences

established in accordance with this Convention

the offence was committed against a former or current spouse or

partner as recognised by internal law, by a member of the family, a person

cohabiting with the victim or a person having abused her or his authority;

the offence, or related offences, were committed repeatedly;

the offence was committed against a person made vulnerable by

particular circumstances;

the offence was committed against or in the presence of a child;

the offence was committed by two or more people acting

the offence was preceded or accompanied by extreme levels of

the offence was committed with the use or threat of a weapon;

the offence resulted in severe physical or psychological harm for

the victim;

the perpetrator had previously been convicted of offences of a

similar nature.

Article 47 - Sentences passed by another Party

Parties shall take the necessary legislative or other measures to provide for

the possibility of taking into account final sentences passed by another Party in

relation to the offences established in accordance with this Convention when

determining the sentence.

Article 48 - Prohibition of mandatory alternative dispute resolution processes

or sentencing

Parties shall take the necessary legislative or other measures to prohibit

mandatory alternative dispute resolution processes, including mediation and

conciliation, in relation to all forms of violence covered by the scope of this

Convention.

Parties shall take the necessary legislative or other measures to ensure

that if the payment of a fine is ordered, due account shall be taken of the ability of

the perpetrator to assume his or her financial obligations towards the victim.

Chapter VI - Investigation, prosecution, procedural law and protective

measures

Article 49 - General obligations

Parties shall take the necessary legislative or other measures to ensure

that investigations and judicial proceedings in relation to all forms of violence

covered by the scope of this Convention are carried out without undue delay while

taking into consideration the rights of the victim during all stages of the criminal

proceedings.

Parties shall take the necessary legislative or other measures, in

conformity with the fundamental principles of human rights and having regard to

the gendered understanding of violence, to ensure the effective investigation and

prosecution of offences established in accordance with this Convention.

Article 50 - Immediate response, prevention and protection

Parties shall take the necessary legislative or other measures to ensure

that the responsible law enforcement agencies respond to all forms of violence

covered by the scope of this Convention promptly and appropriately by offering

adequate and immediate protection to victims.

Parties shall take the necessary legislative or other measures to ensure

that the responsible law enforcement agencies engage promptly and appropriately

in the prevention and protection against all forms of violence covered by the scope

of this Convention, including the employment of preventive operational measures

and the collection of evidence.

Article 51 - Risk assessment and risk management

Parties shall take the necessary legislative or other measures to ensure

that an assessment of the lethality risk, the seriousness of the situation and the risk

of repeated violence is carried out by all relevant authorities in order to manage the

risk and if necessary to provide co-ordinated safety and support.

Parties shall take the necessary legislative or other measures to ensure

that the assessment referred to in paragraph 1 duly takes into account, at all stages

of the investigation and application of protective measures, the fact that

perpetrators of acts of violence covered by the scope of this Convention possess or

have access to firearms.

Article 52 - Emergency barring orders

Parties shall take the necessary legislative or other measures to ensure that

the competent authorities are granted the power to order, in situations of immediate

danger, a perpetrator of domestic violence to vacate the residence of the victim or

person at risk for a sufficient period of time and to prohibit the perpetrator from

entering the residence of or contacting the victim or person at risk. Measures taken

pursuant to this article shall give priority to the safety of victims or persons at risk.

Article 53 - Restraining or protection orders

Parties shall take the necessary legislative or other measures to ensure

that appropriate restraining or protection orders are available to victims of all

forms of violence covered by the scope of this Convention.

Parties shall take the necessary legislative or other measures to ensure

that the restraining or protection orders referred to in paragraph 1 are

-

available for immediate protection and without undue financial or

administrative burdens placed on the victim;

-

issued for a specified period or until modified or discharged;

-

where necessary, issued on an ex parte basis which has

immediate effect;

-

available irrespective of, or in addition to, other legal

proceedings;

-

allowed to be introduced in subsequent legal proceedings.

Parties shall take the necessary legislative or other measures to ensure

that breaches of restraining or protection orders issued pursuant to paragraph 1

shall be subject to effective, proportionate and dissuasive criminal or other legal

sanctions.

Article 54 - Investigations and evidence

Parties shall take the necessary legislative or other measures to ensure that, in

any civil or criminal proceedings, evidence relating to the sexual history and

conduct of the victim shall be permitted only when it is relevant and necessary.

Article 55 - Ex parte and ex officio proceedings

Parties shall ensure that investigations into or prosecution of offences

established in accordance with Articles 35, 36, 37, 38 and 39 of this Convention

shall not be wholly dependant upon a report or complaint filed by a victim if the

offence was committed in whole or in part on its territory, and that the proceedings

may continue even if the victim withdraws her or his statement or complaint.

Parties shall take the necessary legislative or other measures to ensure,

in accordance with the conditions provided for by their internal law, the possibility

for governmental and non-governmental organisations and domestic violence

counsellors to assist and/or support victims, at their request, during investigations

and judicial proceedings concerning the offences established in accordance with

this Convention.

Article 56 - Measures of protection

Parties shall take the necessary legislative or other measures to protect

the rights and interests of victims, including their special needs as witnesses, at all

stages of investigations and judicial proceedings, in particular by

a

providing for their protection, as well as that of their families and

witnesses, from intimidation, retaliation and repeat victimisation;

b

ensuring that victims are informed, at least in cases where the

victims and the family might be in danger, when the perpetrator escapes or is

released temporarily or definitively;

c

informing them, under the conditions provided for by internal

law, of their rights and the services at their disposal and the follow-up given

to their complaint, the charges, the general progress of the investigation or

proceedings, and their role therein, as well as the outcome of their case;

d

enabling victims, in a manner consistent with the procedural rules

of internal law, to be heard, to supply evidence and have their views, needs

and concerns presented, directly or through an intermediary, and considered;

e

providing victims with appropriate support services so that their

rights and interests are duly presented and taken into account;

f

ensuring that measures may be adopted to protect the privacy and

the image of the victim;

g

ensuring that contact between victims and perpetrators within

court and law enforcement agency premises is avoided where possible;

h

providing victims with independent and competent interpreters

when victims are parties to proceedings or when they are supplying evidence;

i

enabling victims to testify, according to the rules provided by

their internal law, in the courtroom without being present or at least without

the presence of the alleged perpetrator, notably through the use of appropriate

communication technologies, where available.

A child victim and child witness of violence against women and

domestic violence shall be afforded, where appropriate, special protection

measures taking into account the best interests of the child.

Article 57 - Legal aid

Parties shall provide for the right to legal assistance and to free legal aid for

victims under the conditions provided by their internal law.

Article 58 - Statute of limitation

Parties shall take the necessary legislative and other measures to ensure that

the statute of limitation for initiating any legal proceedings with regard to the

offences established in accordance with Articles 36, 37, 38 and 39 of this

Convention, shall continue for a period of time that is sufficient and commensurate

with the gravity of the offence in question, to allow for the efficient initiation of

proceedings after the victim has reached the age of majority.

Chapter VII - Migration and asylum

Article 59 - Residence status

Parties shall take the necessary legislative or other measures to ensure

that victims whose residence status depends on that of the spouse or partner as

recognised by internal law, in the event of the dissolution of the marriage or the

relationship, are granted in the event of particularly difficult circumstances, upon

application, an autonomous residence permit irrespective of the duration of the

marriage or the relationship. The conditions relating to the granting and duration of

the autonomous residence permit are established by internal law.

Parties shall take the necessary legislative or other measures to ensure

that victims may obtain the suspension of expulsion proceedings initiated in

relation to a residence status dependent on that of the spouse or partner as

recognised by internal law to enable them to apply for an autonomous residence

permit.

Parties shall issue a renewable residence permit to victims in one of the

two following situations, or in both

a

where the competent authority considers that their stay is

necessary owing to their personal situation;

b

where the competent authority considers that their stay is

necessary for the purpose of their co-operation with the competent authorities

in investigation or criminal proceedings.

Parties shall take the necessary legislative or other measures to ensure

that victims of forced marriage brought into another country for the purpose of the

marriage and who, as a result, have lost their residence status in the country where

they habitually reside, may regain this status.

Article 60 - Gender-based asylum claims

Parties shall take the necessary legislative or other measures to ensure

that gender-based violence against women may be recognised as a form of

persecution within the meaning of Article 1, A (2), of the 1951 Convention relating

to the Status of Refugees and as a form of serious harm giving rise to

complementary/subsidiary protection.

Parties shall ensure that a gender-sensitive interpretation is given to

each of the Convention grounds and that where it is established that the

persecution feared is for one or more of these grounds, applicants shall be granted

refugee status according to the applicable relevant instruments.

Parties shall take the necessary legislative or other measures to develop

gender-sensitive reception procedures and support services for asylum-seekers as

well as gender guidelines and gender-sensitive asylum procedures, including

refugee status determination and application for international protection.

Article 61 - Non-refoulement

Parties shall take the necessary legislative or other measures to respect

the principle of non-refoulement in accordance with existing obligations under

international law.

Parties shall take the necessary legislative or other measures to ensure

that victims of violence against women who are in need of protection, regardless of

their status or residence, shall not be returned under any circumstances to any

country where their life would be at risk or where they might be subjected to

torture or inhuman or degrading treatment or punishment.

Chapter VIII - International co-operation

Article 62 - General principles

Parties shall co-operate with each other, in accordance with the

provisions of this Convention, and through the application of relevant international

and regional instruments on co-operation in civil and criminal matters,

arrangements agreed on the basis of uniform or reciprocal legislation and internal

laws, to the widest extent possible, for the purpose of

a

preventing, combating and prosecuting all forms of violence

covered by the scope of this Convention;

b

protecting and providing assistance to victims;

c

investigations or proceedings concerning the offences established

in accordance with this Convention;

d

enforcing relevant civil and criminal judgments issued by the

judicial authorities of Parties, including protection orders.

Parties shall take the necessary legislative or other measures to ensure

that victims of an offence established in accordance with this Convention and

committed in the territory of a Party other than the one where they reside may

make a complaint before the competent authorities of their State of residence.

If a Party that makes mutual legal assistance in criminal matters,

extradition or enforcement of civil or criminal judgments imposed by another

Party to this Convention conditional on the existence of a treaty receives a request

for such legal co-operation from a Party with which it has not concluded such a

treaty, it may consider this Convention to be the legal basis for mutual legal

assistance in criminal matters, extradition or enforcement of civil or criminal

judgments imposed by the other Party in respect of the offences established in

accordance with this Convention.

Parties shall endeavour to integrate, where appropriate, the prevention

and the fight against violence against women and domestic violence in assistance

programmes for development provided for the benefit of third States, including by

entering into bilateral and multilateral agreements with third States with a view to

facilitating the protection of victims in accordance with Article 18, paragraph 5.

Article 63 - Measures relating to persons at risk

When a Party, on the basis of the information at its disposal, has reasonable

grounds to believe that a person is at immediate risk of being subjected to any of

the acts of violence referred to in Articles 36, 37, 38 and 39 of this Convention on

the territory of another Party, the Party that has the information is encouraged to

transmit it without delay to the latter for the purpose of ensuring that appropriate

protection measures are taken. Where applicable, this information shall include

details on existing protection provisions for the benefit of the person at risk.

Article 64 - Information

The requested Party shall promptly inform the requesting Party of the

final result of the action taken under this chapter. The requested Party shall also

promptly inform the requesting Party of any circumstances which render

impossible the carrying out of the action sought or are likely to delay it

significantly.

A Party may, within the limits of its internal law, without prior request,

forward to another Party information obtained within the framework of its own

investigations when it considers that the disclosure of such information might

assist the receiving Party in preventing criminal offences established in accordance

with this Convention or in initiating or carrying out investigations or proceedings

concerning such criminal offences or that it might lead to a request for co-

operation by that Party under this chapter.

A Party receiving any information in accordance with paragraph 2 shall

submit such information to its competent authorities in order that proceedings may

be taken if they are considered appropriate, or that this information may be taken

into account in relevant civil and criminal proceedings.

Article 65 - Data Protection

Personal data shall be stored and used pursuant to the obligations undertaken

by the Parties under the Convention for the Protection of Individuals with regard to

Automatic Processing of Personal Data (ETS No. 108).

Chapter IX - Monitoring mechanism

Article 66 - Group of experts on action against violence against women and

domestic violence

The Group of experts on action against violence against women and

domestic violence (hereinafter referred to as "GREVIO") shall monitor the

implementation of this Convention by the Parties.

GREVIO shall be composed of a minimum of 10 members and a

maximum of 15 members, taking into account a gender and geographical balance,

as well as multidisciplinary expertise. Its members shall be elected by the

Committee of the Parties from among candidates nominated by the Parties for a

term of office of four years, renewable once, and chosen from among nationals of

the Parties.

The initial election of 10 members shall be held within a period of one

year following the entry into force of this Convention. The election of five

additional members shall be held following the 25th ratification or accession.

The election of the members of GREVIO shall be based on the

following principles

a

they shall be chosen according to a transparent procedure from

among persons of high moral character, known for their recognised

competence in the fields of human rights, gender equality, violence against

women and domestic violence, or assistance to and protection of victims, or

having demonstrated professional experience in the areas covered by this

Convention;

b

no two members of GREVIO may be nationals of the same State;

c

they should represent the main legal systems;

d

they should represent relevant actors and agencies in the field of

violence against women and domestic violence;

e

they shall sit in their individual capacity and shall be independent

and impartial in the exercise of their functions, and shall be available to carry

out their duties in an effective manner.

The election procedure of the members of GREVIO shall be determined

by the Committee of Ministers of the Council of Europe, after consulting with and

obtaining the unanimous consent of the Parties, within a period of six months

following the entry into force of this Convention.

GREVIO shall adopt its own rules of procedure.

Members of GREVIO, and other members of delegations carrying out

the country visits as set forth in Article 68, paragraphs 9 and 14, shall enjoy the

privileges and immunities established in the appendix to this Convention.

Article 67 - Committee of the Parties

The Committee of the Parties shall be composed of the representatives

of the Parties to the Convention.

The Committee of the Parties shall be convened by the Secretary

General of the Council of Europe. Its first meeting shall be held within a period of

one year following the entry into force of this Convention in order to elect the

members of GREVIO. It shall subsequently meet whenever one third of the

Parties, the President of the Committee of the Parties or the Secretary General so

requests.

The Committee of the Parties shall adopt its own rules of procedure.

Article 68 - Procedure

Parties shall submit to the Secretary General of the Council of Europe,

based on a questionnaire prepared by GREVIO, a report on legislative and other

measures giving effect to the provisions of this Convention, for consideration by

GREVIO.

GREVIO shall consider the report submitted in accordance with

paragraph 1 with the representatives of the Party concerned.

Subsequent evaluation procedures shall be divided into rounds, the

length of which is determined by GREVIO. At the beginning of each round

GREVIO shall select the specific provisions on which the evaluation procedure

shall be based and send out a questionnaire.

GREVIO shall define the appropriate means to carry out this monitoring

procedure. It may in particular adopt a questionnaire for each evaluation round,

which shall serve as a basis for the evaluation procedure of the implementation by

the Parties. This questionnaire shall be addressed to all Parties. Parties shall

respond to this questionnaire, as well as to any other request of information from

GREVIO.

GREVIO may receive information on the implementation of the

Convention from non-governmental organisations and civil society, as well as

from national institutions for the protection of human rights.

GREVIO shall take due consideration of the existing information

available from other regional and international instruments and bodies in areas

falling within the scope of this Convention.

When adopting a questionnaire for each evaluation round, GREVIO

shall take due consideration of the existing data collection and research in the

Parties as referred to in Article 11 of this Convention.

GREVIO may receive information on the implementation of the

Convention from the Council of Europe Commissioner for Human Rights, the

Parliamentary Assembly and relevant specialised bodies of the Council of Europe,

as well as those established under other international instruments. Complaints

presented to these bodies and their outcome will be made available to GREVIO.

GREVIO may subsidiarily organise, in co-operation with the national

authorities and with the assistance of independent national experts, country visits,

if the information gained is insufficient or in cases provided for in paragraph 14.

During these visits, GREVIO may be assisted by specialists in specific fields.

10 GREVIO shall prepare a draft report containing its analysis concerning

the implementation of the provisions on which the evaluation is based, as well as

its suggestions and proposals concerning the way in which the Party concerned

may deal with the problems which have been identified. The draft report shall be

transmitted for comments to the Party which undergoes the evaluation. Its

comments shall be taken into account by GREVIO when adopting its report.

11 On the basis of all the information received and the comments by the

Parties, GREVIO shall adopt its report and conclusions concerning the measures

taken by the Party concerned to implement the provisions of this Convention. This

report and the conclusions shall be sent to the Party concerned and to the

Committee of the Parties. The report and conclusions of GREVIO shall be made

public as from their adoption, together with eventual comments by the Party

concerned.

12 Without prejudice to the procedure of paragraphs 1 to 8, the Committee

of the Parties may adopt, on the basis of the report and conclusions of GREVIO,

recommendations addressed to this Party (a) concerning the measures to be taken

to implement the conclusions of GREVIO, if necessary setting a date for

submitting information on their implementation, and (b) aiming at promoting co-

operation with that Party for the proper implementation of this Convention.

13 If GREVIO receives reliable information indicating a situation where

problems require immediate attention to prevent or limit the scale or number of

serious violations of the Convention, it may request the urgent submission of a

special report concerning measures taken to prevent a serious, massive or

persistent pattern of violence against women.

14 Taking into account the information submitted by the Party concerned,

as well as any other reliable information available to it, GREVIO may designate

one or more of its members to conduct an inquiry and to report urgently to

GREVIO. Where warranted and with the consent of the Party, the inquiry may

include a visit to its territory.

15 After examining the findings of the inquiry referred to in paragraph 14,

GREVIO shall transmit these findings to the Party concerned and, where

appropriate, to the Committee of the Parties and the Committee of Ministers of the

Council of Europe together with any comments and recommendations.

Article 69 - General recommendations

GREVIO may adopt, where appropriate, general recommendations on the

implementation of this Convention.

Article 70 - Parliamentary involvement in monitoring

National parliaments shall be invited to participate in the monitoring of

the measures taken for the implementation of this Convention.

Parties shall submit the reports of GREVIO to their national

parliaments.

The Parliamentary Assembly of the Council of Europe shall be invited

to regularly take stock of the implementation of this Convention.

Chapter X - Relationship with other international instruments

Article 71 - Relationship with other international instruments

This Convention shall not affect obligations arising from other

international instruments to which Parties to this Convention are Parties or shall

become Parties and which contain provisions on matters governed by this

Convention.

The Parties to this Convention may conclude bilateral or multilateral

agreements with one another on the matters dealt with in this Convention, for

purposes of supplementing or strengthening its provisions or facilitating the

application of the principles embodied in it.

Chapter XI - Amendments to the Convention

Article 72 - Amendments

Any proposal for an amendment to this Convention presented by a Party

shall be communicated to the Secretary General of the Council of Europe and

forwarded by her or him to the member States of the Council of Europe, any

signatory, any Party, the European Union, any State invited to sign this Convention

in accordance with the provisions of Article 75, and any State invited to accede to

this Convention in accordance with the provisions of Article 76.

The Committee of Ministers of the Council of Europe shall consider the

proposed amendment and, after having consulted the Parties to this Convention

that are not members of the Council of Europe, may adopt the amendment by the

majority provided for in Article 20.d of the Statute of the Council of Europe.

The text of any amendment adopted by the Committee of Ministers in

accordance with paragraph 2 shall be forwarded to the Parties for acceptance.

Any amendment adopted in accordance with paragraph 2 shall enter

into force on the first day of the month following the expiration of a period of one

month after the date on which all Parties have informed the Secretary General of

their acceptance.

Chapter XII - Final clauses

Article 73 - Effects of this Convention

The provisions of this Convention shall not prejudice the provisions of

internal law and binding international instruments which are already in force or

may come into force, under which more favourable rights are or would be

accorded to persons in preventing and combating violence against women and

domestic violence.

Article 74 - Dispute settlement

The Parties to any dispute which may arise concerning the application

or interpretation of the provisions of this Convention shall first seek to resolve it

by means of negotiation, conciliation, arbitration or by any other methods of

peaceful settlement accepted by mutual agreement between them.

The Committee of Ministers of the Council of Europe may establish

procedures of settlement to be available for use by the Parties in dispute if they

should so agree.

Article 75 - Signature and entry into force

This Convention shall be open for signature by the member States of the

Council of Europe, the non-member States which have participated in its

elaboration and the European Union.

This Convention is subject to ratification, acceptance or approval.

Instruments of ratification, acceptance or approval shall be deposited with the

Secretary General of the Council of Europe.

This Convention shall enter into force on the first day of the month

following the expiration of a period of three months after the date on which 10

signatories, including at least eight member States of the Council of Europe, have

expressed their consent to be bound by the Convention in accordance with the

provisions of paragraph 2.

In respect of any State referred to in paragraph 1 or the European Union,

which subsequently expresses its consent to be bound by it, the Convention shall

enter into force on the first day of the month following the expiration of a period of

three months after the date of the deposit of its instrument of ratification,

acceptance or approval.

Article 76 - Accession to the Convention

After the entry into force of this Convention, the Committee of

Ministers of the Council of Europe may, after consultation of the Parties to this

Convention and obtaining their unanimous consent, invite any non-member State

of the Council of Europe, which has not participated in the elaboration of the

Convention, to accede to this Convention by a decision taken by the majority

provided for in Article 20.d of the Statute of the Council of Europe, and by

unanimous vote of the representatives of the Parties entitled to sit on the

Committee of Ministers.

In respect of any acceding State, the Convention shall enter into force

on the first day of the month following the expiration of a period of three months

after the date of deposit of the instrument of accession with the Secretary General

of the Council of Europe.

Article 77 - Territorial application

Any State or the European Union may, at the time of signature or when

depositing its instrument of ratification, acceptance, approval or accession, specify

the territory or territories to which this Convention shall apply.

Any Party may, at any later date, by a declaration addressed to the

Secretary General of the Council of Europe, extend the application of this

Convention to any other territory specified in the declaration and for whose

international relations it is responsible or on whose behalf it is authorised to give

undertakings. In respect of such territory, the Convention shall enter into force on

the first day of the month following the expiration of a period of three months after

the date of receipt of such declaration by the Secretary General.

Any declaration made under the two preceding paragraphs may, in

respect of any territory specified in such declaration, be withdrawn by a

notification addressed to the Secretary General of the Council of Europe. The

withdrawal shall become effective on the first day of the month following the

expiration of a period of three months after the date of receipt of such notification

by the Secretary General.

Article 78 - Reservations

No reservation may be made in respect of any provision of this

Convention, with the exceptions provided for in paragraphs 2 and 3.

Any State or the European Union may, at the time of signature or when

depositing its instrument of ratification, acceptance, approval or accession, by a

declaration addressed to the Secretary General of the Council of Europe, declare

that it reserves the right not to apply or to apply only in specific cases or conditions

the provisions laid down in

-

Article 30, paragraph 2;

-

Article 44, paragraphs 1.e, 3 and 4;

-

Article 55, paragraph 1 in respect of Article 35 regarding minor

offences;

-

Article 58 in respect of Articles 37, 38 and 39;

-

Article 59.

Any State or the European Union may, at the time of signature or when

depositing its instrument of ratification, acceptance, approval or accession, by a

declaration addressed to the Secretary General of the Council of Europe, declare

that it reserves the right to provide for non-criminal sanctions, instead of criminal

sanctions, for the behaviours referred to in Articles 33 and 34.

Any Party may wholly or partly withdraw a reservation by means of a

declaration addressed to the Secretary General of the Council of Europe. This

declaration shall become effective as from its date of receipt by the Secretary

General.

Article 79 - Validity and review of reservations

Chart of renewal of reservations

Reservations referred to in Article 78, paragraphs 2 and 3, shall be valid

for a period of five years from the day of the entry into force of this Convention in

respect of the Party concerned. However, such reservations may be renewed for

periods of the same duration.

Eighteen months before the date of expiry of the reservation, the

Secretariat General of the Council of Europe shall give notice of that expiry to the

Party concerned. No later than three months before the expiry, the Party shall

notify the Secretary General that it is upholding, amending or withdrawing its

reservation. In the absence of a notification by the Party concerned, the Secretariat

General shall inform that Party that its reservation is considered to have been

extended automatically for a period of six months. Failure by the Party concerned

to notify its intention to uphold or modify its reservation before the expiry of that

period shall cause the reservation to lapse.

If a Party makes a reservation in conformity with Article 78, paragraphs

2 and 3, it shall provide, before its renewal or upon request, an explanation to

GREVIO, on the grounds justifying its continuance.

Article 80 - Denunciation

Any Party may, at any time, denounce this Convention by means of a

notification addressed to the Secretary General of the Council of Europe.

Such denunciation shall become effective on the first day of the month

following the expiration of a period of three months after the date of receipt of the

notification by the Secretary General.

Article 81 - Notification

The Secretary General of the Council of Europe shall notify the member

States of the Council of Europe, the non-member States which have participated in

its elaboration, any signatory, any Party, the European Union, and any State invited

to accede to this Convention of

a

any signature;

b

the deposit of any instrument of ratification, acceptance, approval

or accession;

c

any date of entry into force of this Convention in accordance with

Articles 75 and 76;

d

any amendment adopted in accordance with Article 72 and the

date on which such an amendment enters into force;

e

any reservation and withdrawal of reservation made in pursuance

of Article 78;

f

any denunciation made in pursuance of the provisions of Article

80;

g

any other act, notification or communication relating to this

Convention.

In witness whereof the undersigned, being duly authorised thereto, have

signed this Convention.

Done at Istanbul, this 11 th day of May 2011, in English and in French, both

texts being equally authentic, in a single copy which shall be deposited in the

archives of the Council of Europe. The Secretary General of the Council of Europe

shall transmit certified copies to each member State of the Council of Europe, to

the non-member States which have participated in the elaboration of this

Convention, to the European Union and to any State invited to accede to this

Convention.

Appendix - Privileges and immunities (Article 66)

This appendix shall apply to the members of GREVIO mentioned in

Article 66 of the Convention, as well as to other members of the country visit

delegations. For the purpose of this appendix, the term "other members of the

country visit delegations" shall include the independent national experts and the

specialists mentioned in Article 68, paragraph 9, of the Convention, staff members

of the Council of Europe and interpreters employed by the Council of Europe

accompanying GREVIO during its country visits.

The members of GREVIO and the other members of the country visit

delegations shall, while exercising their functions relating to the preparation and

the carrying out of country visits, as well as the follow-up thereto, and travelling in

connection with those functions, enjoy the following privileges and immunities

a

immunity from personal arrest or detention and from seizure of

their personal baggage, and immunity from legal process of every kind in

respect of words spoken or written and all acts performed by them in their

official capacity;

b

exemption from any restrictions on their freedom of movement

on exit from and return to their country of residence, and entry into and exit

from the country in which they exercise their functions, and from alien

registration in the country which they are visiting or through which they are

passing in the exercise of their functions.

In the course of journeys undertaken in the exercise of their functions,

the members of GREVIO and the other members of the country visit delegations

shall, in the matter of customs and exchange control, be accorded the same

facilities as those accorded to representatives of foreign governments on temporary

official duty.

The documents relating to the evaluation of the implementation of the

Convention carried by members of GREVIO and other members of the country

visit delegations shall be inviolable insofar as they concern the activity of

GREVIO. No stoppage or censorship shall be applied to the official

correspondence of GREVIO or to official communications of members of

GREVIO and other members of the country visit delegations.

In order to secure for the members of GREVIO and the other members

of the country visit delegations complete freedom of speech and complete

independence in the discharge of their duties, the immunity from legal process in

respect of words spoken or written and all acts done by them in discharging their

duties shall continue to be accorded, notwithstanding that the persons concerned

are no longer engaged in the discharge of such duties.

Privileges and immunities are granted to the persons mentioned in

paragraph 1 of this appendix in order to safeguard the independent exercise of their

functions in the interests of GREVIO and not for their personal benefit. The waiver

of immunities of the persons mentioned in paragraph 1 of this appendix shall be

made by the Secretary General of the Council of Europe in any case where, in his

or her opinion, the immunity would impede the course of justice and where it can

be waived without prejudice to the interests of GREVIO.

Passed by the House of Representatives at Sitting No. 161 of the 10th June,

2014. ANĠLU FARRUGIA

Speaker

JOSANNE PARIS

Acting Clerk to the House of Representatives

In this Act, unless the context otherwise requires, Interpretation.

"Convention" means the Council of Europe Convention on

Prevention and Combating of Violence against Women and Domestic

Violence, concluded in Istanbul on the 11th May, 2011.

For the avoidance of any doubt, the provisions of the Applicability of

Criminal Injuries Compensation Scheme Regulations, the provisions legal

of the Resident Scheme Regulations, the provisions of article 7 of the S.L.123.79

Immigration Act, and the provisions of Part II and Part III of the S.L. 217.04

Immigration Regulations shall, mutatis mutandis, apply when the

violence and domestic violence mentioned in the Convention are

committed to the detriment and to the prejudice of women.

For the avoidance of any doubt, it is hereby declared that, Reservations.

by means of a Note verbale presented on the 21st May, 2012, Malta

reserved the right not to apply

(a)

Article 30(2) of the Convention and to continue to

apply its current legislation in so far as State compensation is

concerned;

(b) Article 44(1)(e) of the Convention and to establish

jurisdiction when the offence is committed by a person holding

permanent residence in terms of article 7 of the Immigration

Act; and

(c)

Article 59 of the Convention and to continue to

apply its current legislation in so far as the residence status of

victims of violence, whose residence status depends on that of

the spouse or partner, is concerned.

The Convention, as reproduced in the Schedule, shall be,

and shall be enforceable as, part of the Law of Malta.

The Schedule to this Act is being published in the English

language only together with the English text of this Act.